S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law (JKL) Journal of Korean Law Volume 13 Number 1/2 (2013/2014)
Expansion and Development of the Right to Counsel in Korea
- Lee, Yong-sik
- Issue Date
- BK 21 law
- Journal of Korean Law, Vol.13 No.2, pp. 233-269
- right to counsel ; attorney’s right ; right to interview ; right to participation ; suspect interrogation ; right to duplication of documents ; criminal procedure code
article is a modified version of the paper presented in the international conference on Criminal
Procedure in the Changing World: Current Issues, Recent Reforms, and Further Challenges, hosted by Seoul National University Law Research Institute on Dec. 6, 2013.
- This paper aims to review how the right to have counsel has been established in the Korean criminal procedures, and also it is aimed at taking a view of expanded and developed procedure through revision processes of law since then. This paper deals with the history and current contents of criminal proceedings, including the direction of improvement, centering on the symbolic and core rights of counsel and defendant in order to secure and stand on their defendants right to have counsel. About the censoring the documents and other stuff received by a suspect during an interview with an attorney, it is required to stipulate rational reasons for doubt in order not to infringe suspects right to interview with attorney and exchange information. The right to interview and exchange information shall be given to a suspect taken to an investigation institution in the form of voluntary traveling shall be considered. As for attorneys right to participation in suspect interrogations, it is required to carry out institutional improvement in which the restrictions on participation that have been stipulated in an excessively abstract manner is concretized.